End User License Agreement

DEFINITIONS

1.1. "Computer" means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.

1.2. "Compatible Computer" means a computer with the recommended operating system and hardware configuration as stated in the Documentation contained in the Software.

1.3. "Customer", "You", or "Licensee" means any individual, body, corporate or legal entity who has been granted rights to use the Software for their own internal purposes in accordance with the terms and conditions contained in this EULA.

1.4. "License" means the limited right given by Stellar to use the Software for specific purpose in accordance with this EULA.

1.5. "Permitted Number" means one (1) in number unless otherwise indicated under a valid license (e.g., volume license) granted by Stellar.

1.6. "Software" means (a) all of the information with which this agreement is provided, including but not limited to: (i) all software files and other computer information; (ii) any proprietary scripting logic embedded within exported file formats (iii)images, sounds, clip art, video and other works bundled with Stellar software or made available by Stellar on Stellar's website for use with the Stellar software and not obtained from Stellar through a separate service (unless otherwise noted within that service) or from another party ("Content Files"); (iv) related explanatory written materials, help manuals and files ("Documentation"); and (v) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to you by Stellar at any time, to the extent not provided under separate terms (collectively, "Updates").   

LICENSE GRANT

Right to use the Software: Subject to the terms and conditions of this Agreement, Stellar grants you a non-exclusive, non-transferable, non-perpetual, revocable and limited right to use the Software on a single computer or workstation for your internal purposes in accordance with the license type.

LICENSE TYPES

3.1. Pay Per Use License: This license requires you to pay for every license consumed. License will be consumed on every use of the software to perform a task such as drive erasure, mobile erasure or device diagnostics and one license is deducted from your total pool of purchased licenses.

3.2. Subscription License: This License allows you unlimited use of the software for a defined period of time (annually or monthly basis) on Permitted Number of computers. Upon expiration, the subscription must be renewed to continue using the software. Subscriptions may be set to renew automatically unless you opt out. Ongoing access to a Subscription License requires an uninterrupted Internet connection to activate, renew, and validate the license. If Stellar does not receive the recurring subscription payment or cannot validate the license periodically, then the Software may become inactive without additional notice until Stellar receives the payment or validates the license. You agree that Stellar may change the type of Software (such as specific components, versions, platforms, languages, etc.) included in the Subscription License at any time and shall not be liable to you whatsoever for such change.

SOFTWARE SUPPORT

Support will be provided to you for a period of 1 Year from the date of purchase. Free Technical Support is provided for 1 Year from the date of purchase, if your license term is greater than 1 year then you may avail Technical Support by paying an additional fee applicable at that time. Stellar will not assist you for any technical support request after 3 years from the date of purchase of the software.

INTELLECTUAL PROPERTY OWNERSHIP

Stellar has proprietary rights in the Software, its source code and Documentation which are protected by copyright and other intellectual property laws of India, United States and other countries, and by international treaty provisions. Stellar shall at all times retain all rights, title, interest, including intellectual property rights, in the Software or Documentation. Customer acknowledges that, all intellectual property rights in the Software belong to and/or are Licensed to Stellar. The rights granted to Customer in the Software are only licensed (and not sold), and Customer have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this EULA.  All rights not expressly granted are reserved by Stellar.

LICENSEE RESTRICTIONS & REQUIREMENTS

6.1 Proprietary Notices. Any permitted copy of the Software (including without limitation Documentation) that Customer makes must contain the same copyright and other proprietary notices that appear on or in the Software.

6.2 Use Obligations. You agree that you will not use the Software other than as permitted by this agreement and that you will not use the Software in a manner inconsistent with its design or Documentation.

6.3 No Modifications. You shall not modify, adapt, tamper with, translate or create derivative works in any form whatsoever of the Software or the Documentation contained therein; combine or merge any part of the Software or Documentation with or into any other software or documentation; or refer to or otherwise use the Software as part of any effort to develop software (including any routine, script, code, or program) having any functional attributes, visual expressions or other features similar to those of the Software to compete with Stellar; except with Stellar's prior written permission, publish any performance or benchmark tests or analysis relating to the Software.

6.4 No Reverse Engineering. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.

6.5 No Unbundling. The Software may include various applications and components, may allow access to different Stellar Online Channels, may support multiple platforms and languages, and may be provided to you on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to you as a single product to be used as a single product on Computers as permitted herein. Unless otherwise permitted in the Documentation, you are not required to install all component parts of the Software, but you shall not unbundle the component parts of the Software for use on different Computers.

6.6 You will not remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to, or encoded or recorded in or on any Software or Documentation; or fail to preserve all copyright and other proprietary notices in all copies Company makes of the Software and Documentation.

6.7 You will not run or operate the Software in a cloud, Internet-based computing or similar on-demand computing environment unless the software specifications permit such use.

6.8 No Transfer. You will not rent, lease, sell, sub-license, assign, or transfer its rights in the software (including without limitation, software obtained through a web download), or authorize any portion of the software to be copied onto another individual or legal entity's computer except as may be expressly permitted herein.

WARRANTIES

The licensed software (excluding the media on which it is distributed) and all Stellar related websites and services are provided to licensee 'AS IS' and "AS AVAILABLE," and Stellar and its suppliers and licensors make NO WARRANTY as to their use or performance. Stellar and its suppliers and licensors make NO WARRANTIES OR REPRESENTATIONS (express or implied, whether by statute, common law, custom, usage, or otherwise) as to any matter including without limitation to quality, availability, performance or functionality of the licensed software or any related Stellar websites or services; quality or accuracy of any information obtained from or available through use of the licensed software or related Stellar websites or services; any representation or warranty that the use of the licensed software or any related Stellar websites or services will be uninterrupted or always available (whether due to internet failure or otherwise), error-free, free of viruses or other harmful components or operate on or with any particular hardware, platform or software; merchantability, integration, satisfactory quality, or fitness for any particular purpose, except for, and only to the extent, that a warranty may not be excluded or limited by applicable law in licensee's jurisdiction.

INDEMNIFICATION

Subject to the Customer using the Software in the manner prescribed, Stellar warrants that its software does not infringe the intellectual property rights of the third parties. Stellar may at its option will defend or indemnify and hold you harmless against any claims arising out of and resulting from Stellar's infringement of third-party intellectual property rights. You will give Stellar notice of any claims within 3 business days of the receipt of the same, provided that any failure to notify within the time stated, shall relieve Stellar to the extent prejudiced. You may participate in the defense of any claim with counsel of its own choosing at your own expense. You will not settle any claim without Stellar's written consent, which shall not be unreasonably withheld. You will not make any statement contradictory to the interests of Stellar in connection with such claim.

LIMITATIONS & LIABILITY

In no event shall Stellar or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or failure to provide support services, even if Stellar has been advised of the possibility of such damages.

Notwithstanding anything contained in this agreement, the maximum liability of Stellar is limited to the amount actually paid by you in the preceding 12 months.

DATA PROTECTION

You understand that by using the Licensed Software, you accord, consent and agree to the collection and use of certain information about you and your use of the Licensed Software in accordance with Stellar's Privacy Policy, which is available at https://www.bitraser.com/privacy-policy.php. You further consent and agree that Stellar may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Licensed Software, and any features therein, to you. Information collected by Stellar when you use the Licensed Software may also include technical or diagnostic information related to your use that may be used by Stellar to support, improve and enhance Stellar's products and services. You further understand and agree that this information may be transferred to the United States, India and/or other countries for storage, processing and use by Stellar, its affiliates, and/or their service providers. You hereby agree and consent to Stellar's and its partners' and licensors' collection, use, transmission, processing and maintenance of such location and account data to provide and improve such features or services in accordance with Stellar Privacy policy.

DATA PRIVACY

11.1 Internet Connection: The Software may cause your computer, without notice, to automatically   connect to the Internet and to communicate with Stellar website or Stellar domain for purposes such as license validation and providing you with additional information, features, or functionality. Unless otherwise specified in Sections 11.2 through 11.5, the following provisions apply to all automatic Internet connections by the Software:

11.1.1 Whenever the Software makes an Internet connection and communicates with a Stellar website, whether automatically or due to explicit user request, the Privacy Policy shall apply. Stellar Privacy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons, and similar devices.

11.1.2 Whenever the Software connects to Stellar website or Stellar owned domains over the Internet, certain Customer information is collected and transmitted by the Software to Stellar pursuant to the Stellar Privacy Policy. If Customer accesses Stellar Online Service or activates or registers the Software, then additional information such as Customer's ID, user name, and password may be transmitted to and stored by Stellar pursuant to the Privacy Policy.

11.1.3 Stellar, unless barred under applicable law, may (a) send Customer transactional messages to facilitate the Stellar Online Service or the activation or registration of the Software or Stellar Online Service, or (b) deliver in-product marketing to provide information about the Software and other Stellar products and Services using information including but not limited to platform version, version of the Software, license status, and language.

11.2 Updating. The Software may cause Customer's Computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the computer and (b) notify Stellar of the results of installation attempts.

11.3 Activation. The Software may require Customer to (a) obtain Stellar Software Activation Key, (b) activate or reactivate the Software, (c) register the software, or (d) validate the . Such requirement may cause Customer's Computer to connect to the Internet without notice on install, on launch, and on a regular basis thereafter. Once connected, the Software will collect and transmit information to Stellar. Software or Customer may also receive information from Stellar related to Customer's license or  subscription. Stellar may use such information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license or subscription. Failure to activate or register the Software, validate the subscription or license, or a determination by Stellar of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription or license.

11.4 Use of Online Services. The Software may cause Customer's Computer, without additional notice and on an intermittent or regular basis, to automatically connect to the Internet to facilitate Customer's access to content and services that are provided by Stellar or third parties. In addition, the Software may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availability of these services even when Customer is offline.

11.5 Digital Certificates. The Software uses digital certificates to help Customer identify downloaded files (e.g., applications and/or content) and the publishers of those files. For example, Stellar uses digital certificates to help Customer identify the publisher of Stellar applications. Customer's Computer may connect to the Internet at the time of validation of a digital certificate.

TERMINATION

If you breach this EULA, and fails to cure any breach within 30 calendar days after request from Stellar, Stellar may terminate this EULA, whereupon all rights granted to you shall immediately cease including but not limited to the license granted to you to use the software, which shall also stand revoked. Furthermore, upon termination, you shall return to Stellar all copies of the Licensed Software or verify in writing that all copies of the Licensed Software have been destroyed and failure of the customer to do so would entitle Stellar to sue for relief in equity and damages.

JURISDICTION AND LAW

13.1. This EULA is subject to and will be governed by and construed in accordance with the substantive laws applicable to the state of Delhi (India). Courts at Delhi (India) alone shall have the jurisdiction to entertain any dispute arising out of the terms and conditions of this EULA or the use of the Software or license and Customer consent to urisdiction of the courts at Delhi, India.

13.2. This EULA will not be governed by the conflict of law rules of any jurisdiction, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

GENERAL

14.1. This License is the complete statement of the agreement between the parties on the subject matter and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.

14.2. The exclusions of warranties and liability limitations shall survive the termination of this EULA, howsoever caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.

14.3. Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any manner prohibited by the applicable export control laws, notably where applicable, the United States Export Administration Act, restrictions, or regulations (collectively the 'Export Laws'.) All rights to use the Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.

14.4. Stellar reserves all rights not expressly granted to the Licensee by this EULA All rights are reserved and protected under the copyright laws of India and/or of other countries, to Stellar Information Technology Pvt Ltd, having its registered office at 205, Skipper Corner, 88, Nehru Place, New Delhi, India 110019.

14.5. There are no third-party beneficiaries of any promises, obligations or representations made by Stellar herein.

14.6. Any waiver by Stellar of any violation of this License by Customer shall not constitute nor contribute to a waiver by Stellar of any other or future violation of the same provision or any other provision of this License.

14.7. This EULA constitutes the entire agreement between Customer and Stellar and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating the Licensed Software. This EULA is binding on and made for the benefit of the parties and their successors and permitted assigns.

14.8. This EULA may only be modified, supplemented or amended by a writing signed by an authorized officer of Stellar.